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Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

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Supreme Court Adjudicates Appeal Against High Court Order Impleading Purchasers in Second Appeal. High Court Allowed Condonation of Delay and Impleadment Under Order I Rule 10 and Order XXII Rule 10 CPC Despite Lis Pendens.

The litigation originates from a property dispute between the widows of Girdhari Lal. The original plaintiff Bhagwan Dai filed a suit claiming exclusi...

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Bombay High Court Dismisses Revision Against Executing Court's Order in Partition Execution — No Jurisdictional Error Found. Executing Court Cannot Go Behind Decree and Objections Under Order 21 Rule 90 CPC Must Be Raised Before Sale Confirmation.

The case arises from a partition suit (Partition Suit No.945 of 1968) filed by the heirs of Bachhusingh, who died intestate on 24-11-1964, concerning ...

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Bombay High Court Dismisses Petition Challenging Rejection of Caveat in Execution Proceedings — Caveat Under Section 148A CPC Not Maintainable After Execution Application Is Filed. Court Holds That Assignee Decree-Holder Can Execute Decree Without Notice to Judgment-Debtor Under Order 21 Rule 16 CPC.

The petitioners, who are judgment-debtors in a pending execution application, filed a caveat under Section 148A of the Code of Civil Procedure, 1908 (...